Article 37 Challenge to the competence of notified bodies


    1. The Commission shall, where necessary, investigate all cases where there are reasons to doubt the competence of a notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; or the continued fulfilment by a notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; of the requirements laid down in Article 31 and of its applicable responsibilities.

    1. The notifying authority means the national authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring; shall provide the Commission, on request, with all relevant information relating to the notification or the maintenance of the competence of the notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; concerned.

    1. The Commission shall ensure that all sensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 78.

    1. Where the Commission ascertains that a notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including the suspension or withdrawal means withdrawal as defined in Article 3, point (23), of Regulation (EU) 2019/1020; of the notification if necessary. Where the Member State fails to take the necessary corrective measures, the Commission may, by means of an implementing act, suspend, restrict or withdraw the designation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2).

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